- (1.) The instant writ petition is taken up for final disposal along with two other writ petitions, being W. P. No. 6926 (W) of 2010 and W. P. No. 7079 (W) of 2010, since the issues sought to be raised in the three matters are more or less similar.
(2.) In the instant writ petition, the petitioner No. 1 is a registered association by the name of West Bengal Primary Teachers' Association. The petitioner No. 2 is stated to be the Secretary of the petitioner No. 1. The instant petition has been primarily grounded on a point of law which centers around interpretation of some of the provisions of the West Bengal Primary Education Act, 1973 (hereinafter referred to as the said Act), more specifically, section 42 read with section 37 of the said Act.
(3.) The instant writ petition appears to have been filed immediately after issuance of several notices for election of members to the various District Primary School Councils of West Bengal. It has been contended by Mr. Bimal Chatterjee, the learned Senior Counsel representing the writ petitioners in W. P. No. 12307 (W) of 2010, that even before the notifications for holding of elections to the various District Primary School Councils were published, the Councils had become virtually defunct and those members who were either elected or nominated or appointed to the various Councils were continuing to hold their office, although they had no power to deal with any policy matters, such as initiation of recruitment process for the purpose of granting appointments to primary teachers. The situation was similar to the situation of an interim Government during the election process.;